SB 323

This bill gives a victim of sexual assault, human trafficking, or child abuse

(victim) the right to request accompaniment by a victim advocate to an examination

or consultation. The bill also gives a victim of certain crimes the right to be

accompanied by an advocate to certain interviews or proceedings relating to the

crime.

Examinations and consultations

Under the bill, a victim advocate is an individual who is an employee of or

volunteer for an organization that provides counseling, assistance, or support

services free of charge to a victim. A victim, whether adult or minor, or a parent,

guardian, or legal custodian of a minor victim, may request accompaniment by a

victim advocate for a victim. The bill requires the hospital to notify the victim, or

parent, guardian, or legal custodian of a minor victim, of the right to be accompanied

by a victim advocate. The victim also may exclude the victim advocate at any

examination or consultation at the hospital, and the victim advocate must comply

with that request. The hospital is not required to delay examining or treating the

victim pending the arrival of a victim advocate, if the delay would endanger the

health or safety of the victim or risk the loss of evidence. The hospital may also

exclude a victim advocate for reasons specified in the bill, but if the hospital excludes

a specific victim advocate, the hospital must allow a different victim advocate to

accompany the victim. The bill provides immunity from civil liability for hospitals

and their employees or agents for allowing a victim advocate to accompany a victim,

for failure to comply with certain requirements, and for any act or omission by a

victim advocate.

Patient health records are confidential under current law unless the patient

has given informed consent to the release of the records or except in certain limited

circumstances. Current law allows a health care provider to release a portion of a

patient health care records to certain individuals under certain circumstances. This

bill adds a victim advocate who is accompanying a victim as an individual to whom

a health care provider may release a portion of the patient health care record.

criminal proceedings

Under current law, a victim of a crime is afforded certain rights while his or her

case proceeds through the criminal justice system, including the right to be present

at certain hearings, the right to make statements regarding the disposition of the

case, and the right to be notified of additional proceedings after the case has been

adjudicated. Current law allows a victim of certain crimes, including domestic abuse

or certain acts of child abuse, harassment, sexual assault, or sexual exploitation by

a therapist, to be accompanied by a victims' advocate or counselor at criminal

hearings, depositions, court proceedings, and at meetings related to the hearings,

depositions, and court proceedings if the crime is a factor in a child custody case

involving the victim or if the crime is a factor in the victim's ability to represent his