S-1070.1 _______________________________________________
SENATE BILL 5725
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Smith, Roach and Schow
Read first time 02/02/95. Referred to Committee on Law & Justice.
AN ACT Relating to privileged communications; and amending RCW 5.60.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 5.60.060 and 1989 c 271 s 301 are each amended to read as follows:
(1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.
(2) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.
(3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.
(4) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:
(a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and
(b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.
(5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.
(6) A law enforcement officer who is a designated peer support group counselor shall not, without consent of the other officer making the communication, be compelled to testify in any judicial proceeding about any communication the other law enforcement officer made to the counselor while receiving counseling from that counselor. The privilege only applies when the communication was made to the counselor when acting in his or her capacity as a peer support group counselor. The privilege does not apply if the counselor was a witness or a party to any incident which prompted the delivery of peer support group counseling services to the law enforcement officer. The role of the designated peer support group counselor is to provide emotional and moral support and counseling to an officer who needs peer support services as a result of an incident in which the officer was involved while acting in his or her official capacity.
--- END ---