HB1386Senate (AsAmendments Passedto theHouse House)Bill -No. 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Judiciary1386 BTO By:THE CLERK OF THE HOUSE:

RepresentativesTHIS McLean,IS FordTO (73rd),INFORM GibbsYOU (72nd)THAT HouseTHE BillSENATE 1386HAS (AsADOPTED Passed the House) AN ACT TO CREATE THE ADVOCATEAMENDMENTS CONFIDENTIALITYSET LAW;OUT BELOW:

TOAMENDMENT PROVIDENO. THAT COMMUNICATIONS OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, STALKING AND HUMAN TRAFFICKING WITH ADVOCATES ARE  CONFIDENTIAL;

TO1 ESTABLISHAmend PROCEDURESby FORstriking DISCLOSUREall INafter LIMITEDthe CIRCUMSTANCES;enacting clause and inserting in lieu thereof the following:

TOSECTION PROVIDE1. FOR IN-CAMERA REVIEW BEFORE DISCLOSURE;

TOCommunications AMENDwith SECTIONadvocates 93-21-109,deemed MISSISSIPPIconfidential. CODE OF 1972, TO CONFORM;

AND(1) FORDefinitions. RELATED PURPOSES.

    The BEfollowing ITdefinitions ENACTEDapply BYin THEthis LEGISLATUREsection: OF THE STATE OF MISSISSIPPI:

    (a) SECTION"Advocate" 1. means Communicationsan withemployee, advocatescontractor, deemedagent confidential. or (1) volunteer Definitions. of Thea followingvictim definitionsservice applyprovider whose primary purpose is to render services to victims of domestic violence, sexual assault, stalking, or human trafficking and who has completed a minimum of twenty (20) hours of training in thisthe section:areas of dynamics of victimization, substantive laws relating to domestic violence, sexual assault, stalking and human trafficking, crisis intervention techniques, communications skills, working with diverse populations, an overview of the state's criminal and civil justice systems, information regarding pertinent hospital procedures, victim compensation, and information regarding state and community resources for victims of domestic violence, sexual assault, stalking, human trafficking, or mandatory training required by the Office Against Interpersonal Violence, whichever PAGE 11386 is greater.

          (a)  "Advocate" means an employee, contractor, agent or volunteer of a victim service provider whose primary purpose is to render services to victims of domestic violence, sexual assault, stalking, or human trafficking and who has completed a minimum of twenty (20) hours of training in the areas of dynamics of victimization, substantive laws relating to domestic violence, sexual assault, stalking and human trafficking, crisis intervention techniques, communications skills, working with diverse populations, an overview of the state's criminal and civil justice systems, information regarding pertinent hospital procedures, victim compensation, and information regarding state and community resources for victims of domestic violence, sexual assault, stalking, human trafficking, or mandatory training required by the Office Against Interpersonal Violence, whichever is greater.  "Advocate" also means a person employed by a victim service provider who supervises any employee, contractor, agent or volunteer rendering services. services. The term advocate also means a third party (i) present to further the interest of the victim in receiving services;

The term advocate also means a third party (i) present to further the interest of the victim in receiving services;

         (b) (b)  "Confidential victim communications" means all information, whether written or oral, collected, transmitted or shared between a victim and an advocate in the course of that relationship and maintained by the victim service program in connection with services requested, utilized or denied. denied. "Confidential victim communications" includes, but is not limited to, information received or given by the advocate in the course of the working relationship, advice, records, reports, notes, memoranda, working papers, electronic communications, case files, history, and statistical data that contain personally identifying information.

    "Confidential     victim (c) communications" "Domesticincludes, violence"but meansis anynot allegedlimited misdemeanorto, orinformation felonyreceived act of domestic violence as defined by Section 99-3-7, knowing violation of a domestic abuse protection order under Section 93-21-21, or incidencegiven of abuse as defined by Section 93-21-3(a), whether or not a civil or criminal action arises as a result of the allegedadvocate violation.  The term "domestic violence" also includes any pattern of behavior or coercive control resulting in physical,the emotionalcourse or psychological harm to a victim committed by a spouse or former spouse of the victim,working arelationship, personadvice, withrecords, whomreports, thenotes, victimmemoranda, livesworking orpapers, livedelectronic ascommunications, acase spouse,files, ahistory, personand relatedstatistical asdata parent,that child,contain grandparent,personally grandchild,identifying orinformation. someone similarly situated to the victim, a person having a child in common with the victim, or a person with whom the victim has or had a dating relationship.

         (c) (d) "Domestic "Humanviolence" Trafficking" means any alleged criminalmisdemeanor or felony act inof domestic violence as defined by Section 99-3-7, knowing violation of a domestic abuse protection order under Section 97-3-54.1,93-21-21, or incidence of abuse as defined by Section 93-21-3(a), whether or not a civil or criminal action arises as a result of the alleged violation.

         The (e) term "Personally"domestic identifyingviolence" information"also meansincludes any informationpattern forof behavior or aboutcoercive ancontrol individual,resulting includingin informationphysical, likelyemotional or psychological harm to disclosea thevictim locationPAGE 21386 committed by a spouse or identityformer spouse of the victim, a person with whom the victim oflives domesticor violence,lived sexualas assault,a stalking,spouse, a person related as parent, child, grandparent, grandchild, or humansomeone trafficking,similarly including: situated (i)to the victim, a firstperson having a child in common with the victim, or lasta name;person with whom the victim has or had a dating relationship.

(d) "Human trafficking" means any alleged criminal act in violation of Section 97-3-54.1, whether or not a civil or criminal action arises as a result of the alleged violation.

(e) "Personally identifying information" means any information for or about an individual, including information likely to disclose the location or identity of a victim of domestic violence, sexual assault, stalking, or human trafficking, including:

(i) a first or last name;

(iii) contact information, including a postal, email or Internetinternet protocol address;

         (f) (f)  "Services" includes, but is not limited to, crisis hotlines, operation of safe homes and shelters, assessment and intake, case management, advocacy, individual and peer counseling, support in medical, legal, administrative, and judicial systems, transportation, relocation, and crisis intervention.

         PAGE (g) 31386 (g) "Sexual assault" means any alleged violation of Section 97-3-65, 97-3-95, 97-5-23, 97-5-24, 97-5-41, 97-29-3 or 97-29-7, whether or not a civil or criminal action arises as a result of the alleged violation.

         (h) (h)  "Stalking" means any alleged violation of Section 97-3-107 or 97-45-15, whether or not a civil or criminal action arises as a result of the alleged violation.

         (i) (i)  "Victim" means a person alleging domestic violence, sexual assault, stalking, or human trafficking, who consults a victim advocate for the purpose of obtaining, for the person, advice, counseling, or other services concerning mental, emotional, or physical injuries suffered as a result of the offense, whether or not services are actually received.

         (j) (j)  "Victim service provider" means an organization whose primary purpose or mission is to provide services to victims of domestic violence, sexual assault, stalking, or human trafficking. trafficking. This term includes umbrella organizations that have specific victim service programs as part of its organization.  Any provisions regarding confidentiality only extend to the specific program providing victim services and not to the entire organization.

    This (2) term Confidentialincludes victimumbrella communicationsorganizations protectedthat fromhave disclosure. specific (a)  No advocate shall disclose any confidential victim communicationservice orprograms personallyas identifyingpart information of aits victimorganization. or be compelled to testify to or surrender any confidential victim communications or personally identifying information in any civil or criminal proceeding or in any legislative or administrative proceeding, without the prior informed, written and time-limited consent of the victim, except in the following circumstances:  (i) where disclosure is mandated under Section 43-21-353, Section 43-47-7, Section 43-47-37, Section 97-3-54.1(4), Section 97-5-51, Section 97-29-49, or any other applicable provision of state or federal law;

Any provisions regarding confidentiality only extend to the specific program providing victim services and not to the entire organization.

(2) Confidential victim communications protected from disclosure.

(a) No advocate shall disclose any confidential victim communication or personally identifying information of a victim or be compelled to testify to or surrender any confidential victim communications or personally identifying information in any PAGE 41386 civil or criminal proceeding or in any legislative or administrative proceeding, without the prior informed, written and time-limited consent of the victim, except in the following circumstances:

(i) where disclosure is mandated under Section 43-21-353, Section 43-47-7, Section 43-47-37, Section 97-3-54.1(4), Section 97-5-51, Section 97-29-49, or any other applicable provision of state or federal law;

         (b) (b)  Upon motion of a party in a civil action or of the defendant in a criminal action, the court may compel disclosure of certain confidential victim communications or personally identifying information, if the court determines, after in-camera review, that all of the following conditions are met: met: (i) the information sought is relevant and material evidence of the facts and circumstances involved in an alleged criminal act which is the subject of a criminal proceeding;

(i) the information sought is relevant and material evidence of the facts and circumstances involved in an alleged criminal act which is the subject of a criminal proceeding;

    PAGE 51386 The court shall document its determination to compel disclosure in writing or place its findings into the record of the proceeding. proceeding. This proceeding does not entitle the requesting party to examine the records unless those records are made available by the court.  The proceeding set in this paragraph (b) shall not supersede the provisions of Section 99-43-25 with regard to the protection of facts that could divulge the identity, residence, or place of employment of a victim.

         This (c) proceeding Adoes releasenot ofentitle information without the consentrequesting ofparty the victim shall be limited in scope to examine the minimumrecords amountunless necessarythose torecords complyare withmade anyavailable mandatedby disclosure.  The advocate or victim service provider must make reasonable attempts to notify the victimcourt. of the disclosure, to whom the disclosure was made, and for what purpose.

         The (d) proceeding Aset victimin servicethis programparagraph may(b) shall not requiresupersede consentthe provisions of Section 99-43-25 with regard to releasethe protection of informationfacts asthat acould conditiondivulge the identity, residence, or place of serviceemployment toof a victim.

         (c) (e)  A legal guardian, guardian ad litem or parent may consent to release of confidential information forwithout athe victimconsent who, due to incompetency, incapacity or minority, is incapable of consenting,the exceptvictim thatshall nobe personlimited whoin hasscope committed or is alleged to havethe committedminimum aamount crimenecessary againstto thecomply victimwith shallany bemandated granteddisclosure. this authority.

    The (3) advocate Underor novictim circumstancesservice shallprovider themust locationmake ofreasonable aattempts shelter,to safenotify housethe orvictim transitional housing for victims of domesticthe violence,disclosure, sexualto assault,whom stalking,the ordisclosure humanwas traffickingmade, beand disclosedfor inwhat anypurpose. civil or criminal proceeding.

    (d) (4)  A communicationvictim remainsservice confidentialprogram formay purposesnot ofrequire thisconsent sectionto ifrelease made in the presence of orinformation communicatedas toa thirdcondition parties: of (a)service present to furthera thevictim. interest of the victim in receiving services;

(e) A legal guardian, guardian ad litem or parent may consent to release of confidential information for a victim who, due to incompetency, incapacity or minority, is incapable of consenting, except that no person who has committed or is alleged to have committed a crime against the victim shall be granted this authority.

(3) Under no circumstances shall the location of a shelter, safe house or transitional housing for victims of domestic violence, sexual assault, stalking, or human trafficking be disclosed in any civil or criminal proceeding.