Bill Text: MN SF1108 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Witnesses testimony evidence arising from a collaborative law process availability limitation
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-18 - HF substituted on General Orders HF283 [SF1108 Detail]
Download: Minnesota-2013-SF1108-Introduced.html
1.2relating to evidence; limiting availability of certain evidence arising from a
1.3collaborative law process;amending Minnesota Statutes 2012, section 595.02,
1.4subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 595.02, subdivision 1, is amended to read:
1.7 Subdivision 1. Competency of witnesses. Every person of sufficient understanding,
1.8including a party, may testify in any action or proceeding, civil or criminal, in court or
1.9before any person who has authority to receive evidence, except as provided in this
1.10subdivision:
1.11 (a) A husband cannot be examined for or against his wife without her consent, nor a
1.12wife for or against her husband without his consent, nor can either, during the marriage or
1.13afterwards, without the consent of the other, be examined as to any communication made
1.14by one to the other during the marriage. This exception does not apply to a civil action or
1.15proceeding by one against the other, nor to a criminal action or proceeding for a crime
1.16committed by one against the other or against a child of either or against a child under the
1.17care of either spouse, nor to a criminal action or proceeding in which one is charged with
1.18homicide or an attempt to commit homicide and the date of the marriage of the defendant
1.19is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
1.20neglect, dependency, or termination of parental rights.
1.21 (b) An attorney cannot, without the consent of the attorney's client, be examined as
1.22to any communication made by the client to the attorney or the attorney's advice given
1.23thereon in the course of professional duty; nor can any employee of the attorney be
1.24examined as to the communication or advice, without the client's consent.
2.1 (c) A member of the clergy or other minister of any religion shall not, without the
2.2consent of the party making the confession, be allowed to disclose a confession made to
2.3the member of the clergy or other minister in a professional character, in the course of
2.4discipline enjoined by the rules or practice of the religious body to which the member of
2.5the clergy or other minister belongs; nor shall a member of the clergy or other minister of
2.6any religion be examined as to any communication made to the member of the clergy or
2.7other minister by any person seeking religious or spiritual advice, aid, or comfort or advice
2.8given thereon in the course of the member of the clergy's or other minister's professional
2.9character, without the consent of the person.
2.10 (d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
2.11consent of the patient, be allowed to disclose any information or any opinion based thereon
2.12which the professional acquired in attending the patient in a professional capacity, and
2.13which was necessary to enable the professional to act in that capacity; after the decease
2.14of the patient, in an action to recover insurance benefits, where the insurance has been
2.15in existence two years or more, the beneficiaries shall be deemed to be the personal
2.16representatives of the deceased person for the purpose of waiving this privilege, and no
2.17oral or written waiver of the privilege shall have any binding force or effect except when
2.18made upon the trial or examination where the evidence is offered or received.
2.19 (e) A public officer shall not be allowed to disclose communications made to the
2.20officer in official confidence when the public interest would suffer by the disclosure.
2.21 (f) Persons of unsound mind and persons intoxicated at the time of their production
2.22for examination are not competent witnesses if they lack capacity to remember or to relate
2.23truthfully facts respecting which they are examined.
2.24 (g) A registered nurse, psychologist, consulting psychologist, or licensed social
2.25worker engaged in a psychological or social assessment or treatment of an individual
2.26at the individual's request shall not, without the consent of the professional's client, be
2.27allowed to disclose any information or opinion based thereon which the professional has
2.28acquired in attending the client in a professional capacity, and which was necessary to
2.29enable the professional to act in that capacity. Nothing in this clause exempts licensed
2.30social workers from compliance with the provisions of sections626.556 and
626.557 .
2.31 (h) An interpreter for a person disabled in communication shall not, without the
2.32consent of the person, be allowed to disclose any communication if the communication
2.33would, if the interpreter were not present, be privileged. For purposes of this section, a
2.34"person disabled in communication" means a person who, because of a hearing, speech
2.35or other communication disorder, or because of the inability to speak or comprehend the
2.36English language, is unable to understand the proceedings in which the person is required
3.1to participate. The presence of an interpreter as an aid to communication does not destroy
3.2an otherwise existing privilege.
3.3 (i) Licensed chemical dependency counselors shall not disclose information or
3.4an opinion based on the information which they acquire from persons consulting them
3.5in their professional capacities, and which was necessary to enable them to act in that
3.6capacity, except that they may do so:
3.7 (1) when informed consent has been obtained in writing, except in those
3.8circumstances in which not to do so would violate the law or would result in clear and
3.9imminent danger to the client or others;
3.10 (2) when the communications reveal the contemplation or ongoing commission
3.11of a crime; or
3.12 (3) when the consulting person waives the privilege by bringing suit or filing charges
3.13against the licensed professional whom that person consulted.
3.14 (j) A parent or the parent's minor child may not be examined as to any communication
3.15made in confidence by the minor to the minor's parent. A communication is confidential if
3.16made out of the presence of persons not members of the child's immediate family living
3.17in the same household. This exception may be waived by express consent to disclosure
3.18by a parent entitled to claim the privilege or by the child who made the communication
3.19or by failure of the child or parent to object when the contents of a communication are
3.20demanded. This exception does not apply to a civil action or proceeding by one spouse
3.21against the other or by a parent or child against the other, nor to a proceeding to commit
3.22either the child or parent to whom the communication was made or to place the person or
3.23property or either under the control of another because of an alleged mental or physical
3.24condition, nor to a criminal action or proceeding in which the parent is charged with a
3.25crime committed against the person or property of the communicating child, the parent's
3.26spouse, or a child of either the parent or the parent's spouse, or in which a child is charged
3.27with a crime or act of delinquency committed against the person or property of a parent
3.28or a child of a parent, nor to an action or proceeding for termination of parental rights,
3.29nor any other action or proceeding on a petition alleging child abuse, child neglect,
3.30abandonment or nonsupport by a parent.
3.31 (k) Sexual assault counselors may not be allowed to disclose any opinion or
3.32information received from or about the victim without the consent of the victim. However,
3.33a counselor may be compelled to identify or disclose information in investigations or
3.34proceedings related to neglect or termination of parental rights if the court determines good
3.35cause exists. In determining whether to compel disclosure, the court shall weigh the public
3.36interest and need for disclosure against the effect on the victim, the treatment relationship,
4.1and the treatment services if disclosure occurs. Nothing in this clause exempts sexual
4.2assault counselors from compliance with the provisions of sections626.556 and
626.557 .
4.3 "Sexual assault counselor" for the purpose of this section means a person who has
4.4undergone at least 40 hours of crisis counseling training and works under the direction
4.5of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
4.6or assistance to victims of sexual assault.
4.7(l) A domestic abuse advocate may not be compelled to disclose any opinion or
4.8information received from or about the victim without the consent of the victim unless
4.9ordered by the court. In determining whether to compel disclosure, the court shall weigh
4.10the public interest and need for disclosure against the effect on the victim, the relationship
4.11between the victim and domestic abuse advocate, and the services if disclosure occurs.
4.12Nothing in this paragraph exempts domestic abuse advocates from compliance with the
4.13provisions of sections626.556 and
626.557 .
4.14For the purposes of this section, "domestic abuse advocate" means an employee or
4.15supervised volunteer from a community-based battered women's shelter and domestic
4.16abuse program eligible to receive grants under section611A.32 ; that provides information,
4.17advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
4.18and who is not employed by or under the direct supervision of a law enforcement agency,
4.19a prosecutor's office, or by a city, county, or state agency.
4.20 (m) A person cannot be examined as to any communication or document, including
4.21work notes, made or used in the course of or because of mediation pursuant to an
4.22agreement to mediate or a collaborative law process pursuant to an agreement to
4.23participate in collaborative law. This does not apply to the parties in the dispute in an
4.24application to a court by a party to have a mediated settlement agreement set aside or
4.25reformed. A communication or document otherwise not privileged does not become
4.26privileged because of this paragraph. This paragraph is not intended to limit the privilege
4.27accorded to communication during mediation or collaborative law by the common law.
4.28 (n) A child under ten years of age is a competent witness unless the court finds that
4.29the child lacks the capacity to remember or to relate truthfully facts respecting which the
4.30child is examined. A child describing any act or event may use language appropriate for
4.31a child of that age.
4.32 (o) A communication assistant for a telecommunications relay system for
4.33communication-impaired persons shall not, without the consent of the person making the
4.34communication, be allowed to disclose communications made to the communication
4.35assistant for the purpose of relaying.
1.3collaborative law process;amending Minnesota Statutes 2012, section 595.02,
1.4subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 595.02, subdivision 1, is amended to read:
1.7 Subdivision 1. Competency of witnesses. Every person of sufficient understanding,
1.8including a party, may testify in any action or proceeding, civil or criminal, in court or
1.9before any person who has authority to receive evidence, except as provided in this
1.10subdivision:
1.11 (a) A husband cannot be examined for or against his wife without her consent, nor a
1.12wife for or against her husband without his consent, nor can either, during the marriage or
1.13afterwards, without the consent of the other, be examined as to any communication made
1.14by one to the other during the marriage. This exception does not apply to a civil action or
1.15proceeding by one against the other, nor to a criminal action or proceeding for a crime
1.16committed by one against the other or against a child of either or against a child under the
1.17care of either spouse, nor to a criminal action or proceeding in which one is charged with
1.18homicide or an attempt to commit homicide and the date of the marriage of the defendant
1.19is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
1.20neglect, dependency, or termination of parental rights.
1.21 (b) An attorney cannot, without the consent of the attorney's client, be examined as
1.22to any communication made by the client to the attorney or the attorney's advice given
1.23thereon in the course of professional duty; nor can any employee of the attorney be
1.24examined as to the communication or advice, without the client's consent.
2.1 (c) A member of the clergy or other minister of any religion shall not, without the
2.2consent of the party making the confession, be allowed to disclose a confession made to
2.3the member of the clergy or other minister in a professional character, in the course of
2.4discipline enjoined by the rules or practice of the religious body to which the member of
2.5the clergy or other minister belongs; nor shall a member of the clergy or other minister of
2.6any religion be examined as to any communication made to the member of the clergy or
2.7other minister by any person seeking religious or spiritual advice, aid, or comfort or advice
2.8given thereon in the course of the member of the clergy's or other minister's professional
2.9character, without the consent of the person.
2.10 (d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
2.11consent of the patient, be allowed to disclose any information or any opinion based thereon
2.12which the professional acquired in attending the patient in a professional capacity, and
2.13which was necessary to enable the professional to act in that capacity; after the decease
2.14of the patient, in an action to recover insurance benefits, where the insurance has been
2.15in existence two years or more, the beneficiaries shall be deemed to be the personal
2.16representatives of the deceased person for the purpose of waiving this privilege, and no
2.17oral or written waiver of the privilege shall have any binding force or effect except when
2.18made upon the trial or examination where the evidence is offered or received.
2.19 (e) A public officer shall not be allowed to disclose communications made to the
2.20officer in official confidence when the public interest would suffer by the disclosure.
2.21 (f) Persons of unsound mind and persons intoxicated at the time of their production
2.22for examination are not competent witnesses if they lack capacity to remember or to relate
2.23truthfully facts respecting which they are examined.
2.24 (g) A registered nurse, psychologist, consulting psychologist, or licensed social
2.25worker engaged in a psychological or social assessment or treatment of an individual
2.26at the individual's request shall not, without the consent of the professional's client, be
2.27allowed to disclose any information or opinion based thereon which the professional has
2.28acquired in attending the client in a professional capacity, and which was necessary to
2.29enable the professional to act in that capacity. Nothing in this clause exempts licensed
2.30social workers from compliance with the provisions of sections
2.31 (h) An interpreter for a person disabled in communication shall not, without the
2.32consent of the person, be allowed to disclose any communication if the communication
2.33would, if the interpreter were not present, be privileged. For purposes of this section, a
2.34"person disabled in communication" means a person who, because of a hearing, speech
2.35or other communication disorder, or because of the inability to speak or comprehend the
2.36English language, is unable to understand the proceedings in which the person is required
3.1to participate. The presence of an interpreter as an aid to communication does not destroy
3.2an otherwise existing privilege.
3.3 (i) Licensed chemical dependency counselors shall not disclose information or
3.4an opinion based on the information which they acquire from persons consulting them
3.5in their professional capacities, and which was necessary to enable them to act in that
3.6capacity, except that they may do so:
3.7 (1) when informed consent has been obtained in writing, except in those
3.8circumstances in which not to do so would violate the law or would result in clear and
3.9imminent danger to the client or others;
3.10 (2) when the communications reveal the contemplation or ongoing commission
3.11of a crime; or
3.12 (3) when the consulting person waives the privilege by bringing suit or filing charges
3.13against the licensed professional whom that person consulted.
3.14 (j) A parent or the parent's minor child may not be examined as to any communication
3.15made in confidence by the minor to the minor's parent. A communication is confidential if
3.16made out of the presence of persons not members of the child's immediate family living
3.17in the same household. This exception may be waived by express consent to disclosure
3.18by a parent entitled to claim the privilege or by the child who made the communication
3.19or by failure of the child or parent to object when the contents of a communication are
3.20demanded. This exception does not apply to a civil action or proceeding by one spouse
3.21against the other or by a parent or child against the other, nor to a proceeding to commit
3.22either the child or parent to whom the communication was made or to place the person or
3.23property or either under the control of another because of an alleged mental or physical
3.24condition, nor to a criminal action or proceeding in which the parent is charged with a
3.25crime committed against the person or property of the communicating child, the parent's
3.26spouse, or a child of either the parent or the parent's spouse, or in which a child is charged
3.27with a crime or act of delinquency committed against the person or property of a parent
3.28or a child of a parent, nor to an action or proceeding for termination of parental rights,
3.29nor any other action or proceeding on a petition alleging child abuse, child neglect,
3.30abandonment or nonsupport by a parent.
3.31 (k) Sexual assault counselors may not be allowed to disclose any opinion or
3.32information received from or about the victim without the consent of the victim. However,
3.33a counselor may be compelled to identify or disclose information in investigations or
3.34proceedings related to neglect or termination of parental rights if the court determines good
3.35cause exists. In determining whether to compel disclosure, the court shall weigh the public
3.36interest and need for disclosure against the effect on the victim, the treatment relationship,
4.1and the treatment services if disclosure occurs. Nothing in this clause exempts sexual
4.2assault counselors from compliance with the provisions of sections
4.3 "Sexual assault counselor" for the purpose of this section means a person who has
4.4undergone at least 40 hours of crisis counseling training and works under the direction
4.5of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
4.6or assistance to victims of sexual assault.
4.7(l) A domestic abuse advocate may not be compelled to disclose any opinion or
4.8information received from or about the victim without the consent of the victim unless
4.9ordered by the court. In determining whether to compel disclosure, the court shall weigh
4.10the public interest and need for disclosure against the effect on the victim, the relationship
4.11between the victim and domestic abuse advocate, and the services if disclosure occurs.
4.12Nothing in this paragraph exempts domestic abuse advocates from compliance with the
4.13provisions of sections
4.14For the purposes of this section, "domestic abuse advocate" means an employee or
4.15supervised volunteer from a community-based battered women's shelter and domestic
4.16abuse program eligible to receive grants under section
4.17advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
4.18and who is not employed by or under the direct supervision of a law enforcement agency,
4.19a prosecutor's office, or by a city, county, or state agency.
4.20 (m) A person cannot be examined as to any communication or document, including
4.21work notes, made or used in the course of or because of mediation pursuant to an
4.22agreement to mediate or a collaborative law process pursuant to an agreement to
4.23participate in collaborative law. This does not apply to the parties in the dispute in an
4.24application to a court by a party to have a mediated settlement agreement set aside or
4.25reformed. A communication or document otherwise not privileged does not become
4.26privileged because of this paragraph. This paragraph is not intended to limit the privilege
4.27accorded to communication during mediation or collaborative law by the common law.
4.28 (n) A child under ten years of age is a competent witness unless the court finds that
4.29the child lacks the capacity to remember or to relate truthfully facts respecting which the
4.30child is examined. A child describing any act or event may use language appropriate for
4.31a child of that age.
4.32 (o) A communication assistant for a telecommunications relay system for
4.33communication-impaired persons shall not, without the consent of the person making the
4.34communication, be allowed to disclose communications made to the communication
4.35assistant for the purpose of relaying.
