16104945D
SENATE BILL NO. 253
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Rehabilitation and Social
Services
on January 29, 2016)
(Patrons Prior to Substitute--Senators DeSteph and Ebbin [SB
771])
A BILL to amend and reenact §63.2-104.1 of the Code of
Virginia, relating to confidentiality of information about victims of certain
crimes.
Be it enacted by the General Assembly of Virginia:
1. That §63.2-104.1 of the Code of Virginia is amended and
reenacted as follows:
§63.2-104.1. Confidentiality of records of persons receiving
domestic and sexual violence services.
A. In order to ensure the safety of adult, youth, and
child victims of domestic violence, dating violence, sexual assault, or
stalking, including any adult or child victim of a violation of §18.2-48,
18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, and their families, programs
and individuals providing services to such victims of sexual or
domestic violence shall protect the confidentiality and privacy of persons
receiving services.
B. Except as provided in subsections C and D, programs and
individuals providing services to victims of sexual or domestic violence,
dating violence, sexual assault, or stalking, or victims of a violation of §
18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, shall not:
1. Disclose any personally identifying information or
individual information collected in connection with services requested,
utilized, or denied through sexual or programs for victims of
domestic violence programs, dating violence, sexual assault, or
stalking, or for victims of a violation of §18.2-48, 18.2-355, 18.2-356,
18.2-357, or 18.2-357.1; or
2. Reveal individual client information without the informed,
written, reasonably time-limited consent of the person (or in the case of an
unemancipated minor, the minor and the parent or guardian or in the case of an
incapacitated person as defined in §64.2-2000, the guardian) about whom
information is sought; the minor and his parent or legal guardian, in cases
in which the client is an unemancipated minor; or the guardian of an
incapacitated person as defined in §64.2-2000, whether for this program or
any other Federal, State, tribal, or territorial grant program, except that.
However, consent for release may not be given by the abuser of the minor,
incapacitated person, or the abuser of the other parent of the minor.
C. If release of information described in subsection B is
compelled by statutory or court mandate, the program or individual providing
services shall:
1. The service provider shall make Make
reasonable attempts to provide notice to victims affected by the disclosure of
information; and
2. The service provider shall take Take steps
necessary to protect the privacy and safety of the persons affected by the
release of the information.
D. Programs and individuals providing services to victims of
sexual or domestic violence, dating violence, sexual assault, or
stalking, or victims of a violation of §18.2-48, 18.2-355, 18.2-356, 18.2-357,
or 18.2-357.1, may share:
1. Nonpersonally identifying data in the aggregate regarding
services to their clients and nonpersonally identifying demographic information
in order to comply with Federal, State, tribal, or territorial reporting,
evaluation, or data collection requirements;
2. Court generated information and law-enforcement generated
information contained in secure, governmental registries for protection order
enforcement purposes; and
3. Information necessary for law enforcement and prosecution
purposes.
For purposes of this section, "programs" shall
include public and not-for-profit agencies the primary mission of which is to
provide services to victims of sexual or domestic violence, dating
violence, sexual assault, or stalking, or victims of a violation of §18.2-48,
18.2-355, 18.2-356, 18.2-357, or 18.2-357.1.
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