S‑0371.1   _____________________________________________

SENATE BILL 5192

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Morton, Rasmussen, Winsley, Franklin, Roach, McCaslin and Kohl‑Welles

Read first time 01/15/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to privileged communications between

_2  legislators and constituents; amending RCW 5.60.060; and creating

_3  a new section.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      Sec. 1.  RCW 5.60.060 and 1998 c 72 s 1 are each amended to read as

_6  follows:

_7      (1) A husband shall not be examined for or against his wife,

_8  without the consent of the wife, nor a wife for or against her

_9  husband without the consent of the husband; nor can either during

10  marriage or afterward, be without the consent of the other,

11  examined as to any communication made by one to the other during

12  marriage.  But this exception shall not apply to a civil action or

13  proceeding by one against the other, nor to a criminal action or

14  proceeding for a crime committed by one against the other, nor to

15  a criminal action or proceeding against a spouse if the marriage

16  occurred subsequent to the filing of formal charges against the

17  defendant, nor to a criminal action or proceeding for a crime

18  committed by said husband or wife against any child of whom said

19  husband or wife is the parent or guardian, nor to a proceeding

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_1  under chapter 70.96A or 71.05 RCW:  PROVIDED, That the spouse of a

_2  person sought to be detained under chapter 70.96A or 71.05 RCW may

_3  not be compelled to testify and shall be so informed by the court

_4  prior to being called as a witness.

_5      (2)(a) An attorney or counselor shall not, without the consent

_6  of his or her client, be examined as to any communication made by

_7  the client to him or her, or his or her advice given thereon in

_8  the course of professional employment.

_9      (b) A parent or guardian of a minor child arrested on a

10  criminal charge may not be examined as to a communication between

11  the child and his or her attorney if the communication was made in

12  the presence of the parent or guardian.  This privilege does not

13  extend to communications made prior to the arrest.

14      (3) A member of the clergy or a priest shall not, without the

15  consent of a person making the confession, be examined as to any

16  confession made to him or her in his or her professional

17  character, in the course of discipline enjoined by the church to

18  which he or she belongs.

19      (4) Subject to the limitations under RCW 70.96A.140 or

20  71.05.250, a physician or surgeon or osteopathic physician or

21  surgeon or podiatric physician or surgeon shall not, without the

22  consent of his or her patient, be examined in a civil action as to

23  any information acquired in attending such patient, which was

24  necessary to enable him or her to prescribe or act for the

25  patient, except as follows:

26      (a) In any judicial proceedings regarding a child's injury,

27  neglect, or sexual abuse or the cause thereof; and

28      (b) Ninety days after filing an action for personal injuries or

29  wrongful death, the claimant shall be deemed to waive the

30  physician-patient privilege.  Waiver of the physician-patient

31  privilege for any one physician or condition constitutes a waiver

32  of the privilege as to all physicians or conditions, subject to

33  such limitations as a court may impose pursuant to court rules.

34      (5) A public officer shall not be examined as a witness as to

35  communications made to him or her in official confidence, when the

36  public interest would suffer by the disclosure.

37      (6)(a) A peer support group counselor shall not, without

38  consent of the law enforcement officer making the communication,

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_1  be compelled to testify about any communication made to the

_2  counselor by the officer while receiving counseling.  The

_3  counselor must be designated as such by the sheriff, police chief,

_4  or chief of the Washington state patrol, prior to the incident

_5  that results in counseling.  The privilege only applies when the

_6  communication was made to the counselor while acting in his or her

_7  capacity as a peer support group counselor.  The privilege does

_8  not apply if the counselor was an initial responding officer, a

_9  witness, or a party to the incident which prompted the delivery of

10  peer support group counseling services to the law enforcement

11  officer.

12      (b) For purposes of this section, "peer support group

13  counselor" means a:

14      (i) Law enforcement officer, or civilian employee of a law

15  enforcement agency, who has received training to provide emotional

16  and moral support and counseling to an officer who needs those

17  services as a result of an incident in which the officer was

18  involved while acting in his or her official capacity; or

19      (ii) Nonemployee counselor who has been designated by the

20  sheriff, police chief, or chief of the Washington state patrol to

21  provide emotional and moral support and counseling to an officer

22  who needs those services as a result of an incident in which the

23  officer was involved while acting in his or her official capacity.

24      (7) A sexual assault advocate may not, without the consent of

25  the victim, be examined as to any communication made by the victim

26  to the sexual assault advocate.

27      (a) For purposes of this section, "sexual assault advocate"

28  means the employee or volunteer from a rape crisis center, victim

29  assistance unit, program, or association, that provides

30  information, medical or legal advocacy, counseling, or support to

31  victims of sexual assault, who is designated by the victim to

32  accompany the victim to the hospital or other health care facility

33  and to proceedings concerning the alleged assault, including

34  police and prosecution interviews and court proceedings.

35      (b) A sexual assault advocate may disclose a confidential

36  communication without the consent of the victim if failure to

37  disclose is likely to result in a clear, imminent risk of serious

38  physical injury or death of the victim or another person.  Any

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_1  sexual assault advocate participating in good faith in the

_2  disclosing of records and communications under this section shall

_3  have immunity from any liability, civil, criminal, or otherwise,

_4  that might result from the action.  In any proceeding, civil or

_5  criminal, arising out of a disclosure under this section, the good

_6  faith of the sexual assault advocate who disclosed the

_7  confidential communication shall be presumed.

_8      (8) A state legislator may not be examined as to any

_9  constituent communication made to him or her in his or her

10  official capacity without the consent of the constituent.

11      NEW SECTION. Sec. 2.  Nothing in this act is intended to

12  diminish any constitutional, common law, or other statutory

13  privilege that may attach to communications between state

14  legislators and constituents.

‑‑‑ END ‑‑‑

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