Granting victims of certain crimes the right to be accompanied by a victim advocate. (FE)

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 or her own interests in the proceedings.

Current law allows a victim of child abuse, interspousal battery, domestic abuse, or sexual assault (abusive conduct) and an individual (a victim advocate) who works with an organization that provides counseling, assistance, or support services to such victims a privilege in court to refuse to disclose, and to prevent any other person from disclosing, confidential communications made or information obtained or disseminated among the victim, a victim advocate who is acting in the scope of his or her duties as an advocate, and persons who are participating in providing counseling, assistance, or support services under the direction of an advocate, if the communication was made or the information was obtained or disseminated for the purpose of providing counseling, assistance, or support services to the victim.

Under this bill, in addition to the rights he or she enjoys under current law, a victim of sexual assault, human trafficking, or child abuse has the right generally to be accompanied by an advocate of his or her choosing at any interview or proceeding related to the crime that the victim attends, or is requested to attend by any law enforcement agency, district attorney, or court, or the Department of Justice or Department of Corrections. The bill requires the victim advocate to comply with the victim's requests and to abide by any rules or policies established by a law enforcement agency regarding confidentiality of information. The bill allows a law enforcement officer or agency to exclude a victim advocate from law enforcement interviews if the victim advocate fails to comply but allows the officer or agency to allow a different victim advocate to accompany the victim, if the victim so requests.

The bill provides immunity from civil liability for law enforcement agencies 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. The bill allows the victim the privilege of refusing to disclose, and to prevent the advocate who accompanied him or her from disclosing, any communication the victim disclosed or information the victim received during an interview or proceeding related to the crime.

The bill also extends, to victims of any crime, the privilege to keep confidential communications that are made or information obtained or disseminated for the purpose of providing counseling, assistance, or support services to the victim.