HOUSE BILL REPORT
ESHB 2848
As Passed House:
February 13, 2006
Title: An act relating to protecting confidentiality of domestic violence information.
Brief Description: Protecting confidentiality of domestic violence information.
Sponsors: By House Committee on Judiciary (originally sponsored by Representatives Lantz, Ericks, Santos, Williams, Rodne, Priest, Hudgins, Darneille, Morrell, Kessler, McDonald, Roberts, McCoy, Kenney, Campbell, P. Sullivan, Wallace, Hasegawa, Kilmer, Green, Simpson, Wood, Ormsby and Springer).
Brief History:
Judiciary: 1/27/06, 1/30/06 [DPS].
Floor Activity:
Passed House: 2/13/06, 98-0.
Brief Summary of Engrossed Substitute Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 10 members: Representatives Lantz, Chair; Flannigan, Vice Chair; Williams, Vice Chair; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Campbell, Kirby, Serben, Springer and Wood.
Staff: Trudes Tango (786-7384).
Background:
Privileged Communications
The judiciary has inherent power to compel witnesses to appear and testify in judicial
proceedings so that the court will receive all relevant evidence. However, the common law
and statutory law recognize exceptions to compelled testimony in some circumstances,
including "testimonial privileges." Privileges are recognized when certain classes of
relationships or communications within those relationships are deemed of such importance
that they are to be protected.
Washington statutory law establishes a number of privileges, including communications
made by a sexual assault victim to a sexual assault victim advocate. The advocate may
disclose information without the consent of the victim to prevent a clear, imminent risk of
serious physical injury or death. The advocate is immune from civil or criminal action that
arises from a good faith disclosure. In an action arising from a disclosure, the advocate's
good faith is presumed.
DSHS and domestic violence information
The Department of Social and Health Services (DSHS) administers state and federal funds
for domestic violence programs, which include shelters. The DSHS establishes minimum
standards for shelters receiving grants. The shelters must provide certain services, including
client advocacy and counseling. Client records maintained by a domestic violence program
are not subject to discovery in any judicial proceeding unless certain conditions are met.
The DSHS also administers and disburses state and federal public assistance funds. The
DSHS may not disclose the contents of any records, files, or other communications, unless
the disclosure is directly connected with the administration of the public assistance programs.
Summary of Engrossed Substitute Bill:
Privileged communications
Communications made between a domestic violence victim and domestic violence advocate
are privileged and may not be disclosed without the consent of the victim. A "domestic
violence advocate" is an employee or supervised volunteer from a community-based
domestic violence program or human services program that provides information, advocacy,
counseling, crisis intervention, emergency shelter, or support to victims of domestic violence
and who is not employed by or under the direct supervision of law enforcement, a
prosecutor's office, or child protective services of the DSHS.
An advocate may disclose confidential communications without the victim's consent if failure
to do so is likely to result in a clear, imminent risk of serious physical injury or death. The
privilege does not relieve a domestic violence advocate from the mandatory reporting
requirements for child abuse. Domestic violence advocates are immune from liability for
good faith disclosure. In an action arising out of disclosure, the advocate's good faith is
presumed.
DSHS and domestic violence information
Unless required by court order, a domestic violence program and those assisting in delivering
services, or any agent, employee, or volunteer of a domestic violence program shall not
disclose information about a recipient of domestic violence services without the recipient's,
signed authorization.
The recipient's authorization must have a reasonable time limit on the duration. If the
authorization does not have a specific expiration date, the authorization expires 90 days after
the date it was signed. An authorization is not a waiver of the recipient's rights or privileges
under other statutes, rules of evidence, or common law.
If disclosure is required by statute or court order, the domestic violence program shall make
reasonable attempts to notify the recipient of the disclosure. If personally identifying
information is to be disclosed, the domestic violence program must take steps necessary to
protect the privacy and safety of the persons affected by the disclosure.
For nonshelter community-based programs receiving funding from the DSHS, the department
must establish minimum standards to enhance safety and security by means such as, but not
limited to, client advocacy, client confidentiality, and counseling.
The DSHS must review methods to improve and protect the confidentiality of information
about recipients of public assistance who have disclosed to the department that they are
victims of domestic violence or stalking.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: When a domestic violence victim enters a shelter, it is confusing for the victim to understand when the victim's communication will or will not be privileged. If there are attorneys or sexual assault advocates working in the shelter, the victim's communications with them are privileged, but not the communications with a domestic violence victim advocate. The bill furthers the policy of preventing domestic violence. The privilege is narrowly tailored and language has been worked out with the defense bar.
Testimony Against: None.
Persons Testifying: Representative Zack Hudgins; Grace Huang, Washington Coalition against Domestic Violence; Scott Douglas, Thurston County Volunteer Legal Services; Kevin Rundle, YWCA Pierce County; and Cherie Tessier.