HB2391 - 542R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-2239, Arizona Revised Statutes, is amended to read:

START_STATUTE12-2239. Domestic violence victim advocate; privilege; training; exception; definition

A. In a civil action, a domestic violence victim advocate shall not be examined as to any communication made by the domestic violence victim to the domestic violence victim advocate.

B. This section does not apply to a civil action brought pursuant to title 36, chapter 37, relating to the civil commitment of sexually violent persons.

C. Unless the domestic violence shelter or service provider has immunity under other provisions of law, the communication is not privileged if the domestic violence victim advocate knows or should have known that the victim will give or has given perjurious statements or statements that would tend to disprove the existence of domestic violence.

D. The domestic violence victim advocate‑victim privilege does not extend to cases in which the domestic violence victim advocate has a duty to report nonaccidental injuries and physical neglect of minors as required by section 13‑3620.

E. A party to an action may make a motion for disclosure of privileged information under this section and, if the court finds reasonable cause, the court shall hold a hearing in camera as to whether the privilege should apply.

F. To qualify for the privilege prescribed in this section, a domestic violence victim advocate must have at least thirty hours of training in assisting victims of domestic violence. A portion of this training must include an explanation of privileged communication and the reporting requirements prescribed in section 13‑3620.

G. A domestic violence victim advocate who is a volunteer shall perform all activities under qualified supervision.

H. The training prescribed in subsection F may be provided by the shelter or service provider or by an outside agency that issues a certificate of completion. The records custodian of the shelter or service provider must maintain the training documents.

I. For the purposes of this section, "domestic violence victim advocate":

1. Means a person who is an employee or volunteer at a domestic violence shelter or a service provider for victims of domestic violence and who meets the training requirements of this section.

2. Includes a linguistic interpreter. END_STATUTE

Sec. 2. Section 12-2240, Arizona Revised Statutes, is amended to read:

START_STATUTE12-2240. Sexual assault victim advocate; privilege; exception; training; supervision; definition

A. In a civil action, a sexual assault victim advocate shall not be examined as to any communication made by the sexual assault victim to the sexual assault victim advocate.

B. This section does not apply to:

1. A civil action brought pursuant to title 36, chapter 37, relating to the civil commitment of sexually violent persons.

2. A sexual assault victim advocate's duty to report pursuant to section 13‑3620.

C. Unless the sexual assault program or service provider has immunity under other provisions of law, the communication is not privileged if the sexual assault victim advocate knows or should have known that the victim will give or has given perjurious statements or statements that would tend to disprove the existence of sexual assault.

D. A party to an action may make a motion for disclosure of privileged information under this section and, if the court finds reasonable cause, the court shall hold a hearing in camera as to whether the privilege should apply.

E. To qualify for the privilege prescribed in this section, a sexual assault victim advocate must have at least thirty hours of training in assisting victims of sexual assault. A portion of this training must include an explanation of privileged communication and the reporting requirements prescribed in section 13‑3620. The training may be provided by the sexual assault program or service provider or by an outside agency that issues a certificate of completion. The records custodian of the sexual assault program or service provider must maintain the training documents.

F. A sexual assault victim advocate who is a volunteer shall perform all activities under qualified supervision.

G. For the purposes of this section, "sexual assault victim advocate":

1. Means a person who is an employee of or volunteer at a sexual assault program or a service provider for victims of sexual assault and who meets the training requirements of this section.

2. Includes a linguistic interpreter. END_STATUTE

Sec. 3. Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1429, to read:

START_STATUTE13-1429. Sexual assault services fund; administration; eligible grants; definition

A. The sexual assault services fund is established consisting of grants, gifts, donations and legislative appropriations. The department of economic security shall administer the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department, after full consultation with a statewide coalition against sexual violence, shall establish program priorities for the fund. Subject to legislative appropriation, the department shall spend monies in the fund to provide financial assistance through a competitive grant process to sexual violence service providers for victims of sexual violence through contracts for services.

B. To be eligible to receive fund monies, a sexual violence service provider shall adhere to statewide service standards for sexual violence programs that are approved by the department of economic security in collaboration with a state coalition against sexual violence. A sexual violence service provider does not qualify for fund monies if it discriminates in its admissions or provision of services on the basis of race, gender, religion, color, age, disability, marital status, national origin, ancestry or sexual orientation.

C. For the purposes of this section, "sexual violence service provider" means a facility or provider whose primary purpose is to provide services to victims of sexual violence, including:

1. Shelter for victims of sexual violence.

2. Crisis intervention and response.

3. Counseling and therapy.

4. Medical and legal assistance.

5. Training for sexual violence victim advocates and communities.

6. Trauma‑informed holistic healing programs.

7. Any other support service for victims of sexual violence. END_STATUTE

Sec. 4. Section 13-4430, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4430. Consultation between crime victim advocate or linguistic interpreter and victim; privileged information; exception

A. A crime victim advocate or linguistic interpreter shall not disclose as a witness or otherwise any communication made by or with the victim, including any communication made to or in the presence of others, unless the victim consents in writing to the disclosure.

B. Unless the victim consents in writing to the disclosure, a crime victim advocate or linguistic interpreter shall not disclose records, notes, documents, correspondence, reports or memoranda that contain opinions, theories or other information made while advising, counseling or assisting the victim or that are based on communications made by or with the victim, including communications made to or in the presence of others.

C. The communication is not privileged if the crime victim advocate or linguistic interpreter knows that the victim will give or has given perjured testimony or if the communication contains exculpatory evidence.

D. A defendant may make a motion for disclosure of privileged information. If the court finds there is reasonable cause to believe the material is exculpatory, the court shall hold a hearing in camera. Material that the court finds is exculpatory shall be disclosed to the defendant.

E. If, with the written or verbal consent of the victim, the crime victim advocate or linguistic interpreter discloses to the prosecutor or a law enforcement agency any communication between the victim and the crime victim advocate or linguistic interpreter or any records, notes, documents, correspondence, reports or memoranda, the prosecutor or law enforcement agent shall disclose such material to the defendant's attorney only if such information is otherwise exculpatory.

F. Notwithstanding subsections A and B of this section, if a crime victim consents either verbally or in writing, a crime victim advocate or linguistic interpreter may disclose information to other professionals and administrative support persons that the advocate or interpreter works with for the purpose of assisting the advocate or interpreter in providing services to the victim and to the court in furtherance of any victim's right pursuant to this chapter. END_STATUTE

Sec. 5. Appropriation; sexual violence service provider grants

The sum of $10,000,000 is appropriated from the state general fund in fiscal year 2020-2021 to the sexual assault services fund established by section 13‑1429, Arizona Revised Statutes, as added by this act, for providing grants to sexual violence service providers.

Sec. 6. Short title

This act may be cited as the "Violence Against Women Act of 2020".