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AR HB1380

Bill

Status

Passed

3/18/2019

Primary Sponsor

Charlene Fite

Click for details

Origin

House of Representatives

92nd General Assembly (2019 Regular)

AI Summary

  • Adds new section 9-6-112 to Arkansas Code establishing a legal privilege protecting communications between domestic violence victims and advocates at authorized shelters or centers.

  • Communications between victims and advocates are confidential and cannot be disclosed without the victim's consent, and neither party can be compelled to disclose communication contents.

  • Privilege applies only when communications occur while victim is seeking advocacy, help, refuge, treatment, housing, support, therapy, legal advice, counseling, medical advice, or other assistance related to the domestic violence.

  • Privilege may be claimed by the victim, their attorney, parent/guardian (if under 18), or the advocate on behalf of the victim, and can be waived if the advocate was a witness to the incident, if disclosure is necessary to prevent serious harm or public danger, or if the victim voluntarily discloses information.

  • Court may compel disclosure after an in-camera hearing only when the probative value of evidence outweighs the impact on the victim, treatment relationship, and services provided by the shelter or center.

Legislative Description

Creating A Privilege Of Communication Between A Victim Of Domestic Violence And The Personnel Of A Domestic Violence Shelter Or Center; And To Make Confidential Communications Between A Victim And A Victim Advocate.

Last Action

Notification that HB1380 is now Act 499

3/18/2019

Committee Referrals

Judiciary2/28/2019
Judiciary2/5/2019

Full Bill Text

No bill text available