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MS HB1386

Bill

Status

Passed

6/29/2020

Primary Sponsor

Dana Underwood McLean

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Creates the Advocate Confidentiality Law protecting communications between victims of domestic violence, sexual assault, stalking, and human trafficking with trained advocates from disclosure in civil or criminal proceedings without written victim consent.

  • Defines "advocate" as employees, contractors, agents or volunteers of victim service providers who complete minimum 20 hours of training in victimization dynamics, relevant laws, crisis intervention, and victim resources.

  • Allows limited disclosure without consent only when: mandated by specific state laws, imminent risk of serious bodily harm or death exists, or a valid court order is issued after in-camera review determining information is relevant, material, and unobtainable from other sources.

  • Establishes civil liability of $10,000 plus compensatory damages for advocates or victim service providers who violate confidentiality requirements.

  • Prohibits disclosure of shelter locations in any proceeding and allows non-personally identifying aggregate data to be disclosed for reporting, funding, and evaluation purposes; effective July 1, 2020.

Legislative Description

Advocate Confidentiality Law; establish procedures for disclosure.

Last Action

Approved by Governor

6/29/2020

Committee Referrals

Judiciary, Division A3/9/2020
Judiciary B2/17/2020

Full Bill Text

No bill text available