Loading chat...
AR HB1380
Bill
Status
3/18/2019
Primary Sponsor
Charlene Fite
Click for details
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