FINAL BILL REPORT

SSB 6498

C 24 L 16 E 1

FULL VETO

VETO OVERRIDE

Synopsis as Enacted

Brief Description: Concerning testimonial privileges for alcohol and drug addiction recovery sponsors.

Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Fain, Frockt, Pedersen, Angel and Rolfes).

Senate Committee on Law & Justice

House Committee on Judiciary

Background: Privileges Generally. The law protects certain communications from disclosure in the course of litigation, even though the communication might otherwise be admissible and helpful in arriving at the truth. These special protections are based upon a belief that certain communications should be encouraged by eliminating, or at least reducing, the possibility that they will be revealed in court.

The privileges apply to all stages of proceedings, including discovery and other proceedings in which the rules of evidence do not apply. Generally, privileges are strictly construed. In other words, in close cases, the courts tend to require disclosure.

Washington Privileges. Washington statutes make reference to the following privileges or privileged communications:

• Attorney-Client - see RCW 5.60.060(2).

• Clergyman or Priest - see RCW 5.60.060(3), 26.44.060, 70.124.060.

• Dispute Resolution Center - see RCW 7.75.050.

• Counselor - see RCW 18.19.180.

• Higher Education Procedures - see RCW 28B.19.120(4).

• Spouse or Domestic Partner - see RCW 5.60.060(1), 26.20.071, 26.21A275(8).

• Interpreter in Legal Proceeding - see RCW 2.42.160; GR 11.1(e).

• Journalist - see RCW 5.68.010.

• Optometrist-Patient - see RCW 18.53.200, 26.44.060.

• Physician-Patient - see RCW 5.60.060(4), 26.26.120, 26.44.060, 51.04.050, 69.41.020, 69.50.403, 70.124.060, 71.05.250.

• Psychologist-Client - see RCW 18.83.110, 26.44.060, 70.124.060.

• Public Assistance Recipient - see RCW 74.04.060.

• Public Officer - see RCW 5.60.060(5).

• Registered Nurse - see RCW 5.62.010, 5.62.020, 5.62.030.

Summary: A testimonial privilege is created for an individual who acts as a sponsor providing guidance, emotional support, and counseling in an individualized manner to a person participating in an alcohol or drug addiction recovery fellowship. The sponsor may not testify in any civil action or proceeding about any communication made by the person participating in the addiction recovery fellowship to the individual who acts as a sponsor except with the written authorization of that recovery participant or, in the case of death or disability, the recovery participant's personal representative.

Votes on Final Passage:

Votes on Veto Override:

First Special Session