AB 1896: Sexual assault counselor-victim privilege.

Existing law establishes a privilege for a victim of a sexual assault to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor, if the privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege by the holder of the privilege, or the person who was the sexual assault counselor at the time of the confidential communication, except as specified. The definition of sexual assault counselor includes a person who is engaged in any office, hospital, institution, or center commonly known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who meets certain requirements.

This bill would specifically include within the definition of sexual assault counselor for these purposes a person who is engaged in a program on the campus of a public or private institution of higher education, with the same primary purpose of rendering advice or assistance to victims of sexual assault and the same qualifications.

The California Constitution requires that a statute that would exclude relevant evidence in any criminal proceeding be enacted by a ²/₃ vote of each house of the Legislature.

Because this bill would exclude certain communications between a victim of sexual assault and a sexual assault counselor in criminal proceedings, the bill would require a ²/₃ vote.