AN ACT Relating to
communications between victims of sexual assaults and their personal
representatives; and amending RCW 5.60.060.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 5.60.060 and 1995 c
240 s 1 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) A peer support
group counselor shall not, without consent of the law enforcement officer
making the communication, be compelled to testify about any communication made
to the counselor by the officer while receiving counseling. The counselor must
be designated as such by the sheriff, police chief, or chief of the Washington
state patrol, prior to the incident that results in counseling. The privilege
only applies when the communication was made to the counselor while acting in
his or her capacity as a peer support group counselor. The privilege does not
apply if the counselor was an initial responding officer, a witness, or a party
to the incident which prompted the delivery of peer support group counseling
services to the law enforcement officer.
(b) For purposes of
this section, "peer support group counselor" means a:
(i) Law enforcement
officer, or civilian employee of a law enforcement agency, who has received
training to provide emotional and moral support and counseling to an officer
who needs those services as a result of an incident in which the officer was
involved while acting in his or her official capacity; or
(ii) Nonemployee
counselor who has been designated by the sheriff, police chief, or chief of the
Washington state patrol to provide emotional and moral support and counseling
to an officer who needs those services as a result of an incident in which the
officer was involved while acting in his or her official capacity.
(7) A sexual assault
advocate may not, without the consent of the victim, be examined as to any
communication made by the victim to the sexual assault advocate.
(a) For purposes of
this section, "sexual assault advocate" means the employee or
volunteer from a rape crisis center, victim assistance unit, program, or
association, that provides information, medical or legal advocacy, counseling,
or support to victims of sexual assault, who is designated by the victim to
accompany the victim to the hospital or other health care facility and to
proceedings concerning the alleged assault, including police and prosecution
interviews and court proceedings.
(b) A sexual assault
advocate may disclose a confidential communication without the consent of the
victim if failure to disclose is likely to result in a clear, imminent risk of
serious physical injury or death of the victim or another person. Any sexual
assault advocate participating in good faith in the disclosing of records and
communications under this section shall have immunity from any liability,
civil, criminal, or otherwise, that might result from the action. In any
proceeding, civil or criminal, arising out of a disclosure under this section,
the good faith of the sexual assault advocate who disclosed the confidential
communication shall be presumed.
